Drink Driving (DUI)

Criminal lawyers would be able to provide expert advice and representation across all areas of DUI/PCA driving offences, police and court matters that occur as a result any drink driving charges.

Criminal lawyers will be able to advise someone charged with a drink driving charge of several key aspects and how to proceed. This includes and explanation of the range of penalties, the mandatory disqualification of license that may occur in that specific case, any loss of demerit points and any other relevant matters that can come up in drink driving cases. Such relevant matters may be circumstances of the event, character of the person charged and whether it is the first offence. Such matters may lead to a far more lenient sentence.

Essentially there are two forms of drink driving charges, that is Prescribed Content Alcohol (PCA) and Driving Under the Influence (DUI), there difference being the type of offence and previous driving history of the guilty person. In today's legal system, there are few actually DUI's as this is an older form of the drink driving charge with PCA being the more prevalent.

The conviction of a major offence such as a PCA means the automatic suspension of the driver's license, which can be appealed in court.

To actually be charged with a PCA, a breath test must be completed by a police officer, although refusal of the breath test may result in the person being arrested require the person to undergo breath analysis. The alcohol reading is crucial in a PCA or drink driving case with a certificate signed by an authorised officer prima facie evidence.

Within Australia law, police officers are allowed to stop any drivers on the road to for a random breath test, whereas in US and UK law only drivers suspected of alcohol or drug consumption can be stopped.

There are five different categories and levels of PCA offences including novice range, special range, low range, middle range and high range. These offences relate specifically to people either driving or even sitting in the driving seat of any vehicle with the intention of driving.

If charged with a PCA or DUI, the court will assess the case and penalize accordingly. This could range from disqualification of their driver's license, fines to gaol time. If a drink driving charge is serious enough, then a criminal lawyer will be able to appeal the case to seek the best resolution possible to the case.